HC directs reconsideration of ITC claim under newly introduced Section 16(5)

HCC Samsung Joint Venture Vs Union of India & Ors. (Delhi High Court) In the subject writ petition, the Petitioner had challenged the Section 16(4) of the CGST/DGST Act, 2017 and the Notification No. 09.2023-CT dated 31.03.2023 and the Notification No. 56/2023-CT dated 28.12.2023. The Petitioner was aggrieved by the denial of Input Tax Credit by virtue of Section 16(4) of the CGST Act/DGST Act, on the account of delay. However, in view of the recent amendment brought in through Finance (No. 2) Act, 2024, whereby Section 16 (5) of the CGST Act/DGST Act was introduced, the grievance of the P...